104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4401
 
Introduced , by Rep. Gregg Johnson
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9.6 new
    Amends the Criminal Code of 2012. Creates the offense of criminal firearm negligence. Provides that a person commits the offense when: (1) the person owns, possesses, or controls a firearm; (2) the person knows or reasonably should know that a prohibited person resides in or regularly accesses the premises; (3) the person fails to securely store the firearm as required by law; and (4) the prohibited person gains access to the firearm. Establishes penalties for violation. Provides that the provision does not apply to (1) firearms secured in compliance with applicable safe storage laws; or (2) circumstances in which the firearm was accessed through unlawful entry or theft. Provides that the provision shall be construed in conjunction with existing civil penalties under the handgun safety devices statute and does not preclude the imposition of civil fines if applicable. Defines "prohibited person". 


LRB104 17697 RLC 31128 b

 
 
A BILL FOR
 
HB4401LRB104 17697 RLC 31128 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding 
5Section 24-9.6 as follows:
 
6    (720 ILCS 5/24-9.6 new)
7    Sec. 24-9.6. Firearm access by prohibited persons.
8    (a) In this Section, "prohibited person" has the meaning 
9ascribed to the term in Section 10 of the Safe Gun Storage Act.    
10    (b) A person commits criminal firearm negligence when:
11        (1) the person owns, possesses, or controls a firearm;
12        (2) the person knows or reasonably should know that a 
13    prohibited person resides in or regularly accesses the 
14    premises;
15        (3) the person fails to securely store the firearm as 
16    required by law; and
17        (4) the prohibited person gains access to the firearm.
18    (c) Sentence.
19        (1) Except as otherwise provided in paragraphs (2) and 
20    (3) of this subsection, a violation of subsection (b) is a 
21    Class A misdemeanor.
22        (2) A violation of subsection (b) is a Class 4 felony 
23    if the firearm is used in the commission of a criminal 
 
 
HB4401- 2 -LRB104 17697 RLC 31128 b

1    offense.
2        (3) A violation of subsection (b) is a Class 3 felony 
3    if the use of the firearm results in death or great bodily 
4    harm to another person.
5    (d) This Section does not apply to:
6        (1) firearms secured in compliance with applicable 
7    safe storage laws; or
8        (2) circumstances in which the firearm was accessed 
9    through unlawful entry or theft.
10    (e) This Section shall be construed in conjunction with 
11existing civil penalties under Section 24-9.5 and does not 
12preclude the imposition of civil fines if applicable.